According to the National Consumer Disputes Redressal Commission (NCDRC), the introduction of additional documents during the revision stage is permitted if the documents are material in nature. In a recent case, an NRI doctor who had returned to India in 1990 filed a complaint against Bank of India. The complainant had transferred GBP 40,000 to his account with the bank, requesting it be kept in a fixed deposit in GBP. However, the bank converted the funds to INR without his consent and refused to revert the conversion.
Background
The complainant, an NRI doctor, had a Bank of Scotland UK account where he received a British Government pension in GBP. He had RBI permission to maintain FCNR accounts and had conducted various financial transactions with the bank since 1998. In a recent transaction, he transferred GBP 40,000 to his account with the bank, requesting it be kept in a fixed deposit in GBP. However, the bank converted the funds to INR without his consent.
Complaint and Dismissal
The complainant filed a complaint with the District Commission, seeking reconversion to GBP, maintaining the fixed deposit, and compensation for monetary loss and hardship. However, the District Forum dismissed the complaint.
Appeal and State Commission’s Decision
The complainant appealed to the State Commission of Karnataka, which allowed the complaint. The State Commission ruled in favor of the complainant, stating that the bank was deficient in its service.
Bank’s Revision Petition
Aggrieved by the State Commission’s order, the bank filed a revision petition before the National Commission. The bank contended that there was no deficiency in service on their part. They argued that their branch in Mangalore, where the complainant’s account was located, was not an authorized dealer in foreign currency. They claimed that the currency conversion was done by the main branch in Bangalore, which was not included in the complaint. The bank also stated that once funds are credited in INR, the Foreign Exchange Management Act (FEMA) and RBI rules prohibit re-conversion into foreign currency.
National Commission’s Decision
The National Commission observed that the primary issues to be determined were whether the bank had the authority to convert GBP currency into INR and deposit it into the complainant’s account without his consent, and whether the complainant had given instructions to the bank that could affect the outcome of the case. The complainant sought to introduce letters to the bank, requesting the bank to credit GBP 40,000 into his account. The National Commission referred to a previous case, Jiten K. Ajmera & Anr. v. Tejas Cooperative Housing Society, which established the legal position regarding the admission of additional documents at the revision stage. The National Commission held that such additional documents pertaining to the complainant’s request to the bank are considered material, even if objected to by the opposing counsel.
Based on the observations, the National Commission set aside the State Commission’s order and upheld the order of the District Forum. The National Commission ruled that the bank was not deficient in its service.
Conclusion
In summary, the National Consumer Disputes Redressal Commission allowed the introduction of additional documents during the revision stage if they are material in nature. In the case of the NRI doctor’s complaint against the bank, the National Commission ruled in favor of the bank, stating that there was no deficiency in its service.
